Misogynistic or sexually loaded commercials can usually expect their fair share of criticism. In the Netherlands the boundry of what is allowed is often being explored. It is clear that internationally the rules are a bit more strict. In England the advertising campaign for PUSSY energy drinks has been prohibited: ‘PUSSY, The drink’s pure, it’s your mind that’s the problem’ (conceived by Trevor Beattie famous for the brand FCUK).
Mother Pucker is a new Lemon Fresh drink. The logo and the label state: 'Lemonade'. A complaint with the Advertising Code Committee (RCC) is filed in response. The complainant argues that (1) LEMONADE gives the impression that this is a soft drink, while it concerns a liquor and (2) that the name is contrary to good taste and decency.
Catering Companies often find it unnecessary to perform a search for their trade name prior to starting their company. This is unwise, because clever catering companies register their name to create a monopoly on the use of it. The Ivy Bar in London is a famous bar where celebrities came, from Marlene Dietrich to Tom Cruise.
Through home-shopper.nl “The Natural Blue Pill" was offered for sale. Although nothing is said about the composition and no medical claims are made, the color blue and the accompanying text suggest that this is an alternative to the famous Viagra pill (the prescription drug and registered trademark). The question is, is this permissible?
The Australian trademark authorities refused the trademark ZELCIVOL of Boehringer Ingelheim in Class 5 for pharmaceutical preparations. This because of the fact that the trademark contains the INN stem OL. According to section 43 of the Australian Trademark Act 1995 a trademark may be refused if it consists of an INN stem that causes confusion or will mislead with respect to the applied description of goods in class 5. Boehringer objects the decision. The Hearing Officer cancelled the decision of the trademark office and explained in which way INN stems are acceptable in trademark.
Historical KWAK beer is served in a very special glass in a wooden glass holder. Brewery Bosteels has registered a line drawing of the glass in the holder as trademark. Brasserie d'Ebly introduces a special beer "La Corne du Bois", served in a special glass in a wooden container as well, and registered this as a design. Brewery Bosteels claims this is an infringement.
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Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.
Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor
